Weekly Cases Update Volume 41, Issue 7

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 41, Issue 13

ELR 20162 Nos. 2009-5031, -5032(Fed. Cir., )

The Federal Circuit upheld a lower court decision awarding an energy company $42.7 million for the government's breach of contract relating to spent nuclear fuel (SNF) storage costs at one of the company's facilities.

Keywords:
Nuclear Waste Fund, §302
ELR 20155No. 11-0103(D.N.M., )

A district court denied a triglyceride diesel fuel manufacturer's motion to preliminarily enjoin the American Society for Testing and Materials' (ATSM's) promulgation of a proposed new standard and guidelines for biofuels that would limit, if not bar, the use of triglyceride di

Keywords:
Preliminary
ELR 20165 No. 10-79(D. Mont., )

A district court held that a lumber company's CERCLA action against the former owner of the company's sawmill and plywood manufacturing plant for reimbursement of past and future cleanup costs associated with the site is not barred by contract.

Keywords:
Indemnification upheld
ELR 20161No. 5:09-cv-04485(N.D. Cal., )

A district court dismissed an insurance company's CERCLA §§107 and 112 claim for response costs incurred by one of its policy holders seeking to redevelop the site of a former aerospace manufacturing facility.

Keywords:
Claims against the Superfund, §112, Private right of action
ELR 20163No. 10-4839(C.D. Cal., )

A district court held unconstitutional California legislation (SB 990) that prescribes cleanup rules that apply only to a former federal nuclear research and rocket testing facility and criminalizes any sale or disposition of the property until it is cleaned up in accordance with the standar

Keywords:
Atomic Energy Act (AEA), California
ELR 20154No. 1:04-cv-00128(D.D.C., )

A district court dismissed a mining industry association's action challenging DOI Office of Hearings and Appeals (OHA) regulations allocating the burden of proof in five types of administrative proceedings under SMCRA.

Keywords:
Interior, Department of the, Judicial review, §526
ELR 20160 No. 2:11-cv-00002(S.D. W. Va., )

A district court dismissed a fraud claim brought by a car wash operator against the seller of the property—an oil company—for requiring the operator to sign a document stating that he intended to use USTs on the property even though he had no such intent.

Keywords:
Fraud
ELR 20164No. C 11-00292 SI(N.D. Cal., )

A district court held that an insurance company must defend its insured in an underlying case involving minors' exposure to contaminated drinking water stemming from the insured's property.

Keywords:
Held triggered by
ELR 20153No. 06-11295(D. Mass., )

A district court granted the Massachusetts Department of Transportation's (MassDOT's) motion for judgment in a case involving its violation of municipal separate storm sewer system NPDES permits in the Boston area and denied an environmental group's motion for additional injunctive

Keywords:
Massachusetts, Stormwater discharges, 402(p)

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